Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76676 of 2018 Arising Out of PS. Case No.-16 Year-2018 Thana- GANDHIMAIDAN District- Patna ====================================================== Prince Kumar son of Gauri Shankar Saw @ Gauri Shankar Prasad, Resident of Shalimpur Gali No. 1, P.S. Gandhi Maidan, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ganesh Prasad Yadav For the Opposite Party/s :

Mr.Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Gandhi Maidan P.S. Case No. 16 of 2018 registered for the offence punishable under Sections 341, 324, 307/34 of the Indian Penal Code.

Informant has alleged in his fardbeyan that on 13.12.2017 when he was near the house of Advocate Salimpur of Gali No. 1, petitioner along with two persons came and assaulted with knife blow upon him, as a result of which he fell down and became unconscious. It has been further alleged that four days earlier accused persons threatened his mother for killing his son.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to

Patna High Court Cr.Misc. No.76676 of 2018(2) dt.20-12-2018 2/2 previous enmity. It has been further submitted that petitioner has been remanded in this case by the police and charge sheet has been submitted without injury report. Petitioner has no criminal antecedent and he is in custody since 07.06.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge- XVI-cum-A.C.J.M. XVII, Patna, in connection with Gandhi Maidan P.S. Case No. 16 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T